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Northern Virginia Legal Blog

On behalf of Faisal Moghul of Moghul Law PLLC on Friday, November 9, 2018.

A lot of questions surround defamation, particularly about how it applies to businesses. It a nutshell, defamation is communication with the intent to damage another individual’s or entity’s reputation. To legally qualify as defamation, the claim(s) must be false and expressed to a third party. There are two types of defamation–libel is defamation in the written form and slander is defamation in the spoken form.

The law of defamation protects an individuals’ or business’s reputation, meaning a party has the right to sue another if false claims have been made about them publicly, including on social media.

One of the primary areas of our practice deals with partnership disputes between and among business partners of across a variety of industries, including co-owners of real estate brokerages, title companies, restaurants, hair salons, technology startups, and retail companies.

By Faisal Moghul of Moghul Law PLLC posted in Landlord Tenant Law on Monday, September 17, 2018.

Can a tenant break his lease due to mold in the rental property? This is one of the most frequent queries we get whenever a landlord or tenant (L/T) finds mold in the leased premises.

There is no simple answer to this question. Whether a T has a right to terminate the lease without penalty depends on the particular facts of each case. However, Virginia law provides some guidelines that L/Ts should keep in mind before the start of the leasing relationship.

Have you ever used a boilerplate LLC Operating Agreement for your business? Have you ever wondered about some of the drastic legal consequences that the boilerplate language in such operating agreements can have for your business? Consider the following hypothetical, which pertains to the economic structuring of an LLC. Most operating agreements have standard boilerplate language related to respective member allocations and distributions. Among those provisions, one often finds a clause pertaining to qualified income offsets. What is the meaning of this provision in the context of a two-member LLC? Lets examine how this scenario plays out in the following hypothetical.

By Faisal Moghul of Moghul Law PLLC posted in Business Law on Wednesday, September 12, 2018.

WHAT IS FRAUD

Our experienced Virginia Business Lawyers can explain the legal complexities surrounding the doctrine of fraud. It is a common "F" word that is often thrown around in everyday life, but its technicalities are much harder to prove in the courtroom. Suffice it to say that not every misleading statement meets the legal criteria for fraud. Remember, that if proven, a fraud claim potentially carries punitive damages against the person who committed the fraud.

On behalf of Faisal Moghul of Moghul Law PLLC on Friday, August 24, 2018.

Business contracts are legally enforceable agreements that help businesses run smoothly. Creating and using contracts during transactions is a smart way to go, especially when disputes happen regularly.

On behalf of Faisal Moghul of Moghul Law PLLC on Wednesday, August 22, 2018.

Title insurance is an essential part of any land purchase. It covers unknown defects in the chain of title that existed at the time you purchased the property. A chain of title is the historical line of ownership of the land. Thus, if the prior owner or owner before that did something that would put their ownership of the land into question, title insurance protects you, as the current holder of title from losing your ownership interest, or if it is not a defect that can be cured, reimburses you for your loss. It also covers the legal fees in order to defend title in court.

On behalf of Faisal Moghul of Moghul Law PLLC on Monday, June 25, 2018.

Your recent decision to buy an older home proves disastrous. Your seemingly well-structured house hid leaky pipes under sinks and faulty electricity on every floor. You feel as though the previous owners lied to you about the condition of the home because they were not forthcoming with information. You prepare to take legal action.

Unfortunately, you may not succeed to obtaining any reimbursements. Virginia identifies as a caveat emptor state. Sellers in Virginia, as compared to most other states, do not need to disclose all information regarding the condition of the home. Caveat emptor translates to “buyer beware”, as in, you should be aware of the problems a house may hold before the close.

On behalf of Faisal Moghul of Moghul Law PLLC on Tuesday, May 29, 2018.

You found your corner of the market. You made your dream come true. You built a successful business and you don’t want anything getting in your way. Unfortunately, even the strongest business can be threatened by a shareholder dispute.

Whether you’ve known the shareholder for much of your life or you were two strangers who came together based on this common interest, business is like a marriage: you don’t go into it thinking you’ll eventually move in different directions.

By Faisal Moghul of Moghul Law PLLC posted in Business Law on Wednesday, May 2, 2018.

What is an Injunction?

An injunction is an order from the court prohibiting the person or entity from doing an act, continuing the act, or mandating them to perform a specified act.

What do courts look for to grant an Injunction?

The person seeking an injunction, which most of the time is the Plaintiff, must show two things: (1) "irreparable harm" and (2) "lack of an adequate remedy at law", i.e. money damages will not suffice.

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